DOES OVERTIME WORK OVER 270 HOURS A YEAR GIVE THE EMPLOYEE RIGHT TO TERMINATE FOR JUST CAUSE?
According to Article 41 of Labor Law No. 4857, overtime work may be performed for purposes such as the country’s interest, the nature of the operation or the need to increase output. In accordance with the Labor Law No. 4857, overtime is the work which exceeds forty-five hours a week. The employee’s consent shall be required for overtime work. This consent is not required for compulsory overtime work and force majeure. Wages for each hour of overtime shall be remunerated at one and a half times the normal hourly rate. Total overtime work shall not be more than two hundred seventy hours in a year. At that, according to the Labor Law No. 4857, total overtime work shall not be more than two hundred seventy hours in a year. However, since the provision of the law is a provision focused on the protection of the employee, in the event of the employee is worked more than 270 hours a year despite this limitation, the overtime wage corresponding to this employment must also be paid to the worker.
In a decision of the Supreme Court Assembly of Civil Chambers (Act No. 2016 / 9-571, Decision No. 2017/1454, Date: 29.11.2017), in accordance with the Labor Law No. 4857, it has resolved that failure to pay regarding the periods of overtime work gives the employee the right to terminate for just cause. In addition, in the decision of the 7th Civil Chamber of the Court of Cassation (Act No. 2014/19129, Decision No. 2015/13542, Date: 02.07.2015); it has resolved that even if the employee is paid for his overtime work exceeding 270 hours a year, the right of termination will arise in favor of the employee due to the non-implementation of working conditions and that she/he will be entitled to severance pay.
As a result, as subjugated by the above-mentioned decisions of the Court of Cassation, even if the employee is paid 50% more than the hourly wage of the employee in case of overworking for more than 270 hours a year, it is possible for the employee to terminate the employment contract for a just cause and be entitled to severance pay is possible.